A death row prisoner who stabbed and beat a Melbourne couple to death failed to get his death penalty overturned. Dan Billow (@DanBillowWESH) reports.

A death row prisoner who stabbed and beat a Melbourne couple to death failed to get his death penalty overturned. Dan Billow (@DanBillowWESH) reports.

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Updated: 6:06 PM EST Feb 23, 2016

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WEBVTT ON CHILD THE CORRECT, SUSAN RICHARDSON, AND P LEASE -- POLICE SUSPECT SHE KNOWS WHAT SHE IS, BUT SHE IS NOT TELLING. SUMMER: A DEATH ROW PRISONER WHO STABBED AND BEAT A MELBOURNE COUPLE TO DEATH FAILED TO GET HIS DEATH PENALTY OVERTURNED TODAY. WESH 2'S DAN BILLOW REPORTS THAT'S DESPITE LAWYERS TRYING TO USE A RECENT SUPREME COURT DECISION TO THROW OUT THE SENTENCE. DAN: KYOKO JOHNSON WAS KILLED ON HER 66TH BIRTHDAY, BEATEN AND STABBED TO DEATH ALONG WITH HER HUSBAND, RUFUS, AFTER REFUSING TO GIVE $5,000 TO A FORMER NEIGHBOR KID. THAT NEIGHBOR WAS ANTHONY WELCH 22 AT THE TIME, 37 NOW, AND STILL TRYING TO ESCAPE HIS DEATH SENTENCE. >> IF WE'RE GONNA CONTINUE THIS CASE, IT'S JUST TO GIVE THE STATE A CHANCE TO KILL ONE OF ITS CITIZENS. THAT IS FUNDAMENTALLY WRONG. IT'S UNJUST, IMMORAL. DAN: WELCH IS ELIGIBLE FOR A NEW SENTENCE BECAUSE OF A PROCEDURAL ERROR IN THE ORIGINAL CASE. DEFENSE ATTORNEYS TOLD JUDGE CHARLES CRAWFORD TODAY, A SUPREME COURT RULING THAT SAYS OUR STATE'S DEATH PENALTY IS NOT APPLIED PROPERLY MAKES IT UNCONSTITUTIONAL. THAT MEANS, THEY SAY, THAT WELCH'S SENTENCE MUST BE CHANGED FROM DEATH TO LIFE. THE JUDGE DIDN'T BUY IT. >> THE DEATH PENALTY HAS NOT BEEN RULED UNCONSTITUTIONAL. DAN: INSTEAD, HE RULED, THE LEGISLATURE MERELY NEEDS TO CHANGE THE WAY IN WHICH JURIES RECOMMEND DEATH OR LIFE TO A DECIDING JUDGE. SO WELCH WILL COME BACK FOR A NEW SENTENCING AFTERWARD. AND PROSECUTORS PLAN TO LET NO ONE FORGET THAT WELCH SINGLED OUT THE VICTIMS, BECAUSE THEY HAD BEEN KIND TO HIM IN THE PAST, THEN STOLE THEIR TV AND WENT OUT ON A DATE AFTER THE SLAUGHTER. >> THE DEATH PENALTY IS THE APPROPRIATE SENTENCE AND THAT'S WHY WE'RE CONTINUING TO SEEK IT. DAN: HE DESERVED IT? >> HE ABSOLUTELY DESERVED IT. DAN: WELCH COULD BE BACK IN THIS COURTROOM AS EARLY AS APRIL FOR WHAT COULD BE ANOTHER DEATH SENTENCE, ONCE THE LEGISLATURE

No death penalty overturn for man who killed Melbourne couple

A death row prisoner who stabbed and beat a Melbourne couple to death failed to get his death penalty overturned. Dan Billow (@DanBillowWESH) reports.